Timaru HRC – 13 September 2009 – Race 5
ID: JCA19551
Hearing Type (Code):
harness-racing
Meet Title:
Timaru HRC - 13 September 2009
Race Date:
2009/09/13
Race Number:
Race 5
Decision:
Following the running of Race 5, the Sands A Flyin Mobile Pace, an information was filed by Stipendiary Steward Mr N. G. McIntyre against Mr D. E. Johnston, the driver of “Here Comes Homer” (4), alleging that he had committed a breach of Rule 869(2)(a) in that he used his whip excessively in the run home.
--
Following the running of Race 5, the Sands A Flyin Mobile Pace, an information was filed by Stipendiary Steward Mr N. G. McIntyre against Mr D. E. Johnston, the driver of “Here Comes Homer” (4), alleging that he had committed a breach of Rule 869(2)(a) in that he used his whip excessively in the run home.
--Mr Johnston had indicated on the information that he admitted this breach of the Rules and that he confirmed this at the hearing. He also agreed that he understood the Rule, the nature of the charge, and the “Use of Whip” guidelines.
--Mr McIntyre gave evidence and used video coverage to show that Mr Johnston had used his whip on about 23 occasions in the run home. Mr Johnston explained that he had only used the whip on his horse 4 or 5 times, but did not dispute that he had used it in other ways, or that this use would have amounted to about 23 occasions.
--Penalty:
--In relation to penalty Mr McIntyre advised that Mr Johnston had no relevant previous convictions for a breach of this Rule. As Mr Johnston had admitted the breach a fine of $200-00 was recommended.
--Mr Johnston made submissions and said that he could not afford a fine, and would prefer a suspension. Mr McIntyre accepted that this would be an acceptable alternative to a fine, and that a two day suspension would be appropriate.
--After discussions about Mr Johnston’s future commitments we agreed that a two day suspension would be appropriate in this case. Mr Johnston’s Graduation Horseman’s licence was therefore suspended from after the completion of racing today (the 13 September 2009) until after the completion of racing on 27 September 2009, and this amounted to a two day suspension.
----
J. M. Phelan P. J. Rosanowski
CHAIR Committee Member
67792
JCA Decision Fields (raw)
Dmitry: This section contains all JCA fields migrated from the raw data.
Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.
hearingid: 3b063a78ea8a76169e393ed929277ba1
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 13/09/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Timaru HRC - 13 September 2009 - Race 5
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Following the running of Race 5, the Sands A Flyin Mobile Pace, an information was filed by Stipendiary Steward Mr N. G. McIntyre against Mr D. E. Johnston, the driver of “Here Comes Homer” (4), alleging that he had committed a breach of Rule 869(2)(a) in that he used his whip excessively in the run home.
--
Following the running of Race 5, the Sands A Flyin Mobile Pace, an information was filed by Stipendiary Steward Mr N. G. McIntyre against Mr D. E. Johnston, the driver of “Here Comes Homer” (4), alleging that he had committed a breach of Rule 869(2)(a) in that he used his whip excessively in the run home.
--Mr Johnston had indicated on the information that he admitted this breach of the Rules and that he confirmed this at the hearing. He also agreed that he understood the Rule, the nature of the charge, and the “Use of Whip” guidelines.
--Mr McIntyre gave evidence and used video coverage to show that Mr Johnston had used his whip on about 23 occasions in the run home. Mr Johnston explained that he had only used the whip on his horse 4 or 5 times, but did not dispute that he had used it in other ways, or that this use would have amounted to about 23 occasions.
--Penalty:
--In relation to penalty Mr McIntyre advised that Mr Johnston had no relevant previous convictions for a breach of this Rule. As Mr Johnston had admitted the breach a fine of $200-00 was recommended.
--Mr Johnston made submissions and said that he could not afford a fine, and would prefer a suspension. Mr McIntyre accepted that this would be an acceptable alternative to a fine, and that a two day suspension would be appropriate.
--After discussions about Mr Johnston’s future commitments we agreed that a two day suspension would be appropriate in this case. Mr Johnston’s Graduation Horseman’s licence was therefore suspended from after the completion of racing today (the 13 September 2009) until after the completion of racing on 27 September 2009, and this amounted to a two day suspension.
----
J. M. Phelan P. J. Rosanowski
CHAIR Committee Member
67792
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.2.a
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: e663caa4fc956ef667210e7637e9684c
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 6a7761fd026a2e08ef5047b7d27c8577
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 13/09/2009
meet_title: Timaru HRC - 13 September 2009
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: timaru-hrc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Timaru HRC